In re Penn Treaty Network America Insurance

I join the Majority in rejecting the Commonwealth Court’s interpretation of 40 *324P.S. § 221.18(a) (“Section 518(a)”) which required that, in order to convert the rehabilitation process of an insolvent insurer into a liquidation of that company, the Pennsylvania Insurance Commissioner (“Commissioner”) must “prove, as a matter of fact, that [the] insolvent insurer’s immediate financial circumstances are in such disarray that they are completely unsal-vageable,” or that the Commissioner must “adopt a rehabilitation plan, and, then, have its implementation fail.” Consedine v. Penn Treaty Network,…